Child Custody in D.C.: Best Interests of the Child

Learn about the "best interests" standard and how it applies to child custody cases in Washington D.C.

A
judge making custody decisions in a divorce case in the District of
Columbia puts the best interests of the children above all other
concerns. District of Columbia
law prohibits judges from basing custody decisions solely on a parent’s
race, color, national origin, political affiliation, sex, sexual
orientation, or gender identity or expression. The
law also recognizes that in general, it’s good for children to have
frequent contact with both parents and have both parents participate in
decision-making after divorce. In making custody decisions, judges can
consider any factor relevant to parenting and are guided by some factors
that are set out in the state’s laws.

Health and Safety

The
safety and well-being of children is the court’s primary concern, and
the policy in favor of shared parental responsibility will not apply if a
court finds that shared custody would be detrimental to the child. The
court may consider the mental and physical health of the parents, the
child, and any other individual who may be involved in the custody
arrangement, such as a live-in relative. Evidence that a parent has
engaged in domestic violence, child abuse or neglect, or parental
kidnapping may lead a judge to deny that parent contact with a child or
to order supervised contact only.

Emotional and Developmental Needs

A
court will consider the relationship between the child and each parent
and how involved each parent has been in the child’s life. Courts prefer
to maintain stability in a child’s home, school and community life and
support the child’s important relationships, such as those with siblings
and extended family. A judge will consider the wishes of both parents,
as well as those of a child the judge deems mature enough. Other factors
that may have an impact on a child’s emotional or developmental needs
include the number of other children in each home and their ages, the
demands of the parents’ jobs, and the mental and physical health of
everyone involved.

Co-Parenting Skills

The
parents’ ability to communicate with each other about child-rearing
decisions is an important factor in custody decisions, particularly in a
case involving joint custody. A court will also consider the willingness of the parents to share custody. Judges may order one or both parents to attend parenting classes to learn how to co-parent more effectively.

Custody and Visitation Options

Legal
custody refers to a parent’s authority to make significant or long-term
decisions regarding a child’s health, education, and general welfare.
Physical custody refers to who a child lives with. The law in the
District of Columbia favors joint legal and physical custody, except in
cases of domestic violence, child abuse, child neglect, or parental
kidnapping. Nevertheless, a court may order legal or physical custody to
one parent if the facts indicate that sole custody will be in the best
interests of the child. An
award of joint legal custody doesn’t automatically mean the parents will
share physical custody as well, nor does joint physical custody
necessarily require an equal division of time between parents. Many
different parenting schedules can be appropriate depending on the
individual circumstances of a case.

Parenting Plans

Parents
have the opportunity to develop their own parenting plan, and a court
will usually approve a plan that both parents have agreed upon. If
parents disagree, the judge may require each of them to submit a
proposed plan and then will either choose the plan that best supports
the child’s interests or develop a plan independently. A judge must document the reasons for deciding on a custody arrangement that both parents don’t agree on.

The
more specific a parenting plan is, the easier it will be to follow and
to enforce. Final parenting plans should include provisions specifying
the following: